Ch04 Defenses to Criminal Culpability.docx

Chapter 4 Defenses to Criminal Culpability Chapter Outline Introduction The Burden of Proof and Presumptions Major Court Decisions The Element of Intent The Burden of Proof and Self-Defense The Burden of Proof and the Insanity Defense Types of Defenses Ignorance or Mistake Duress or Necessity Infancy Insanity The M’Naghten Rule The Irresistible Impulse Test The Durham Rule The Substantial Capacity Test Guilty but Mentally Ill (GBMI) Constitutional Challenge to the Insanity Defense Abolition of the Insanity Defense Diminished Capacity or Partial Responsibility Automatism Entrapment Outrageous Government Conduct Defense of Persons and Property Law Enforcement Intoxication Domestic Authority Consent, Condonation, and Victim’s Conduct Syndrome and Stress Disorder Defenses The Battered Person Syndrome Extreme Emotional Disturbance Syndrome Posttraumatic Stress Disorder (PTSD) The Combat Stress Syndrome Rape Trauma Syndrome (RTS) Postpartum Depression (PPDD) Syndrome Summary Study Questions For Debate Key Terms Case Analysis Internet Activity Notes Key Terms Affirmative defense: The introduction by the defense attorney of new factual allegations that, if true, constitute a complete or partial defense to the crime charged. See also Defense. Automatism: A defense for a defendant who has proof that he or she was unconscious or semiconscious when the crime was committed. Epilepsy, a concussion, or emotional trauma are examples of conditions that may be used for this defense. Battered person syndrome: A syndrome arising from a cycle of abuse by a special person (often a parent or a spouse) that leads the battered person to perceive that violence against the offender is the only way to end the abuse. In some cases the battered person murders the batterer, and in some jurisdictions evidence of the battered person syndrome constitutes a defense to that murder. Clemency: Mercy, kindness, leniency; a term used to describe actions of a governor or president when he or she commutes a sentence—for example, from death to life—or grants a pardon. Condonation: The forgiving of a criminal act by a victim. Usually condonation is not a defense, but in some cases a victim of a nonserious crime may negotiate a settlement with the defendant, after which the court may drop the criminal charge. Deadly force: Force that is likely to cause serious bodily injury or death. Defense: A legal response by the defendant. It may consist only of a denial of the factual allegations of the prosecution. A defense that offers new factual allegations in an effort to negate the charges is an affirmative defense. Duress: In criminal law, a condition in which an individual is coerced or induced by the wrongful act of another to commit a criminal act; may be used as a defense. Durham rule: A test of insanity (also known as the product rule) that states that “an accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect.” Entrapment: The defense that a defendant was induced by a government agent to commit a crime that the defendant would not have been inclined to commit without such inducement. Euthanasia: A term applied to the act of killing someone, often at that person’s request, because of a terminal illness, considerable pain, or a debilitating handicap. Expert testimony: Opinion evidence given at a trial by a person who possesses technical knowledge or skill that is both relevant to the case and not possessed by the average person. Fleeing felon: A person trying to avoid arrest after committing a felony. Guilty but mentally ill (GBMI): An alternative to the insanity defense; permits finding that defendants were mentally ill but not insane at the time they committed the crimes charged. They are guilty, and they may be punished, but generally the jurisdictions that have this concept require that these defendants must receive psychiatric treatment while they are confined, often in a psychiatric facility rather than a prison. Habeus corpus: Literally, “you have the body.” This Latin term is given to a variety of petitions filed by parties asking the court to order some action, such as to determine the legality of the custody and confinement of the inmate who files the petition. Insanity: A state of mind that negates a defendant’s responsibility for his or her actions. Intoxication: The condition that exists when a person consumes alcohol or other drugs to the extent that his or her mental or physical abilities are significantly affected. Involuntary intoxication: Intoxication without choice or will, such as that which occurs when someone slips drugs into the food or drink of an unsuspecting person. See also Voluntary intoxication. Irresistible impulse test: A test for insanity stating that an accused cannot be found guilty for a criminal act if he or she is unable to control the actions leading to a crime even though the accused may have known the act was wrong. Malice aforethought: A required element of murder, providing that the killing be predetermined and intentional and without legal justification or excuse. See also Premeditation (Chapter 6). Mistake: A defense stating that a defendant would not have committed a criminal act if he or she had possessed accurate knowledge of the law or the facts. M’Naghten rule: Also known as the right-versus-wrong test of insanity, the M’Naghten rule states that an accused cannot be considered guilty of a criminal act if, as a result of a defect of reason caused by a disease of the mind, the accused did not know the nature and quality of the act or did not know that the act was wrong. Necessity: Condition in which an act, although criminal in other circumstances, may not be considered criminal because of the compelling force of the circumstances. Postpartum depression (PPD): A disorder that some women experience after giving birth. Posttraumatic stress disorder (PTSD): A disorder in which stress is experienced by people who have suffered severe trauma such as war trauma, rape, or abuse. Symptoms include nightmares, feelings of guilt, disorientation, and reliving the traumatic event(s). It is argued that victims of this disorder should not be held accountable for their criminal acts because they cannot control their behavior. Preponderance of the evidence: Evidence that, on the whole, supports the fact in question. This burden of proof in a civil case is less than the criminal standard of beyond a reasonable doubt. Presumption: An assumption of a fact based on other facts. Rape trauma syndrome (RTS): Stress that occurs after forced sex; now considered a posttraumatic stress disorder. Evidence of the syndrome is permitted in an increasing number of courts. Rebuttable presumption: A presumption that may be refuted by evidence. Substantial capacity test: Provides that persons cannot be held accountable for a criminal act if they have a mental disease or defect that results in their inability either to appreciate the fact that the act is wrong or to conform their conduct to the law. Trespasser: One who commits a trespass—the entering or remaining unlawfully in or on the premises (including land, boats, or other vehicles) of another under certain circumstances as specified by statute. Voluntary intoxication: Intoxication brought on by the free will of the individual. See also Involuntary intoxication. Writ: An order from a court mandating that specified action be taken or giving someone the authority to take the action requested. Chapter Overview The purpose of a defense is to produce an acquittal or a reduced charge. However, defenses are frequently misunderstood from both technical and policy perspectives. Affirmative defenses are those that the defendant raises apart from denial. Affirmative defenses introduce new factual material that, if true, constitutes a defense to the charge. Affirmative defenses can be partial (reduce the level of charge) or complete (defeat the charge). Also important in understanding defenses is the burden of proving defenses. The prosecution always has the burden of proving every element of a charge beyond a reasonable doubt—the highest burden in the law. The defense, when raising an affirmative defense, must prove it by a preponderance of the evidence. Sometimes we can rely upon presumptions, which in the law can be conclusive (cannot be challenged) or rebuttable. There is very little agreement on how to classify defenses or categorize them. Many defenses are of ancient origin (duress, mistake, infancy, self-defense, and so forth), while others are more recent in origin (insanity). Many have undergone recent scrutiny from a policy perspective (e.g., insanity and infancy). Generally, there is a difference between involuntary intoxication and voluntary intoxication, and they have different uses and potential effects as a defense. The power to use force on children, spouses, students in public schools, and citizens in order to maintain order and safety in places such as planes, prisons, theaters, and malls is an evolving issue. Historically, more force was permitted than is now the case, most notably in regard to spouses and children. But even schools in many states have banned corporal punishment in any form. However, where permitted, it is a defense to certain offenses. The debate about euthanasia invites the discussion of whether someone can consent to being the victim of a crime or condone and forgive the act. How far can we consider the victim’s conduct in examining a crime? Historically it was common in rape cases, but generally no longer. What are the issues of justice in these situations? When should the battered person syndrome be permitted as a defense, and what sorts of limitations are there on its use? What are the policy risks of permitting it? Of not permitting it? How should the justice system treat problems such as posttraumatic stress disorder or combat stress syndrome? How should these problems be asserted as a defense? What are the policy implications? What about postpartum depression syndrome or premenstrual syndrome? Learning Objectives After studying this chapter the student will: Be able to explain the difference between the burden of proof and the presumption of innocence. Be able to explain the use of affirmative defenses, such as self-defense and insanity. Know that insanity is a legal term, not a medical term. Know that insanity requires the use of expert testimony. Know that with the affirmative defenses it is constitutional to require the defendant to provide proof and why that does not involve shifting the ultimate burden of proof. Know the different insanity tests and which is the majority view. Be able to explain the M’Naghten test for insanity and explain the problems with definitions within it. Be able to explain entrapment and the objective test used to determine if it is present. Be able to explain the limits on the defense of property. Be able to explain the defense of others. Be able to define malice aforethought. Be able to define the defenses of mistake, duress, and necessity. Be able to define presumption and rebuttable presumption. Know the difference between voluntary and involuntary intoxication as it relates to criminal culpability. Be able to explain when intoxication may be available as a defense. Be able to explain the historical context of domestic authority and its evolution. Be able to explain when consent may be used as a defense. Be able to discuss the battered person syndrome and the perceived threat from the point of view of the victim of abuse. Be able to explain the battered child syndrome and how it differs from battered person syndrome. Be able to identify the other major stress disorders. Review Questions Discuss the differences in results in defenses, with reference to partial defense versus impartial defense. Explain the burden of proof in criminal cases. Explain the presumption of innocence in criminal cases. Explain the burden of production and persuasion when the defendant uses an affirmative defense. Explain the problem with burden shifting in criminal cases in which the defendant relies upon an affirmative defense. What are the tests used to determine insanity in the United States? Explain the elements of the M’Naghten insanity tests and the definitional problems associated with the test. How did the Model Penal Code change the test for insanity, and why? Explain the defense of entrapment. What are the limits on defense of property? What is a presumption, and how does it affect the burden of proof? What does the term malice aforethought mean? In the use of affirmative defenses, what burden or standard of proof is required of the defendant? What incident caused Congress to change the burden on insanity in federal criminal cases? What is that burden? What element may the defense of mistake be used to negate? In what two situations may the mistake defense be useful? Explain the differences between the defense of necessity and that of duress. What was the age of culpability at the common law? Under what circumstances may infancy be a successful defense? Define presumption and rebuttable presumption. What kind of presumption is the presumption of innocence? What is the general rule on self-defense? What are the elements of self-defense? What is the importance of the use of the word “reasonable” in the elements of self-defense? When may one use deadly force in self-defense? When is intoxication not available as a defense? Discuss the issues surrounding the problem of substance abuse, with specific reference to the question of whether it is a disease or a moral problem. What do we mean by the term involuntary intoxication? Briefly discuss the history of the defense of domestic authority. What do we mean by the term euthanasia? What defense is battered person syndrome similar to, and how does it differ from the former defense? What specific type of evidence is required in the battered person syndrome defense that is not required in the battered child defense? What are the major stress disorders? EXAM QUESTIONS Multiple Choice Questions 1. According to the American Psychiatric Association, which of the following could cause posttraumatic stress disorder? a. bereavement b. natural disasters c. marital conflicts d. business losses 2. The difference between the battered person syndrome defense and self-defense is that: a. evidence of self-defense has been admitted at trial. b. evidence of self-defense has been used to mitigate a sentence. c. self-defense requires an element of imminent danger. d. All these are true. 3. Which of the following is true in regard to intoxication? a. The defense is not recognized in situations in which intoxication is an element of the crime. b. Intoxication has been recognized as a defense in criminal law. c. The use of illicit drugs has increased since 1992. d. All these are true. 4. Which of the following gained worldwide recognition as a result of the Andrea Yates case? a. postpartum depression b. urban psychosis c. premenstrual syndrome d. rape trauma syndrome 5. Which of the following was used by defense attorneys to argue that their client’s stress of living in a combat zone was the cause of his actions? a. Vietnam War syndrome b. religious beliefs c. devil defense d. urban psychosis 6. A defendant who is allegedly unaware of the side effects of a prescription drug might use which of the following defenses? a. voluntary intoxication defense b. mistake defense c. necessity defense d. involuntary intoxication defense 7. Nightmares, feelings of guilt, disorientation, and reliving traumatic event(s) are all symptoms of : a. posttraumatic stress disorder. b. battered person syndrome. c. postpartum depression. d. premenstrual syndrome. 8. Which of the following is a petition asking a court to take—or order—specified action that is often filed by inmates questioning the legality of their confinement? a. dicta b. habeas corpus c. stare decisis d. prima facie 9. Which of the following is not true in regard to postpartum depression? a. The legal defense of postpartum depression will be used more frequently in the future. b. Postpartum depression is a disorder that some women experience after giving birth. c. Between 10 and 20 percent of women experience depression for a long period after giving birth. d. Women who suffer from postpartum depression rarely recover. 10. Depression, irritability, and temporary psychosis are symptoms of which syndrome? a. rape trauma b. battered person c. premenstrual d. battered child 11. Which of the following is considered mercy, kindness, and leniency when granted by a governor or the U.S. president? a. clemency b. corpus delicti c. habeas corpus d. bill of attainder 12. Forgiveness of a criminal act by an alleged victim is called: a. corpus delicti b. clemency c. condonation d. consent 13. The defense of __________________ stems from ancient laws that gave husbands the legal right to discipline their wives with a “whip or rattan no bigger than [a] thumb” in order to enforce the salutary restraints of domestic discipline. a. the husband-and-wife rule b. domestic authority c. rough sex trauma d. rape trauma syndrome 14. _____________ may be a defense to less serious acts, such as those that might occur in a lawful sports activity, in which a person might be hurt by the nature of the game. a. Clemency b. Condonation c. Compliance d. Consent 15. Since the war in Iraq, a few attempts have been made to raise the issue of posttraumatic stress disorder resulting from _______________ as a defense in criminal cases. a. combat b. Vietnam War stress syndrome c. patriotism d. superior orders 16. _____________ refers to the condition that exists when a person consumes alcohol or other drugs to the extent that his or her mental or physical abilities are significantly affected. a. Substance abuse b. The Viagra defense c. Intoxication d. Neuroscience 17. The traditional, most frequently used insanity test, or the right-versus-wrong test, is the: a. Durham rule b. irresistible impulse test c. M’Naghten rule d. substantial capacity test 18. In a criminal case, if the burden of proof is placed upon the defendant, the standard level of proof is: a. beyond a reasonable doubt. b. preponderance of the evidence. c. clear and convincing evidence. d. reasonable suspicion. 19. The defense that a crime was committed only because the defendant was threatened by unlawful force is the _______________ defense. a. necessity b. insanity c. infancy d. duress 20. Which of the following is true of defense of property? a. Unlimited force may be used. b. Booby traps and other such devices designed to cause serious bodily harm or death are permitted. c. The property owner is not privileged to use force against a trespasser who would be placed in substantial danger of serious injury upon being excluded from the property. d. The property owner is not required to ask the intruder to stop. 21. Which of the following statements is true in regard to the use of an insanity defense? a. It is possible that an accused may be declared insane both at the time of the act and at the time of trial and thus not be tried. b. The successful use of the insanity defense always results in the defendant’s being released. c. The insanity defense is used in approximately 30 percent of all felony cases. d. The insanity defense is one of the least controversial defenses used. 22. The __________________ defense involves a state of mind or mental condition that negates a defendant’s responsibility for his or her actions. a. duress b. necessity c. insanity d. infancy 23. A _____________ presumption is one that is subject to being refuted by evidence. a. rebuttable b. affirmative c. expert d. conclusive 24. In criminal law, what refers to an act that, though criminal in other circumstances, may not be considered criminal because of the compelling force of the circumstances? a. duress b. mistake c. insanity d. necessity 25. In criminal law, ____________ refers to a condition in which an individual is coerced or induced by the wrongful act of another to commit a criminal act. a. duress b. mistake c. insanity d. necessity 26. To act with _____________________ is to carry out an act that is predetermined and intentional and without legal justification or excuse. a. negligence b. malice aforethought c. retribution d. ignorance 27. A defense that offers new factual allegations in an effort to negate the charges is a(n) _____________ defense. a. partial b. successful c. affirmative d. complete 28. Which of the following concepts refers to evidence showing that, on the whole, it supports the fact in question? a. preponderance of the evidence b. prima facie c. beyond a reasonable doubt d. clear and convincing evidence 29. The use of ________________ as a partial rather than a complete defense may be applicable to statutory rape cases in some jurisdictions. a. mistake of law b. insanity c. ignorance d. mistake of fact 30. In rare cases, this defense permits serious crimes, such as intentional homicide, to avoid a greater harm, such as killing one person to avoid the deaths of two others. a. mistake of law b. necessity c. duress d. ignorance 31. _______________________is an alternative to the insanity defense and permits finding that defendants were mentally ill but not insane at the time they committed the crimes charged. a. Infancy b. Duress c. Guilty but mentally ill d. Necessity 32. This defense is based on the assumption that some behavior is so offensive and so crazy that when it is committed by a government agent it cannot be the basis for collecting evidence to convict a suspect. a. entrapment b. outrageous government conduct c. duress d. necessity 33. In order to use __________________, the threatened harm must be imminent and unlawful and the actor must not have provoked the attack. a. the necessity defense b. the insanity defense c. the duress defense d. self-defense 34. The use of deadly force to protect yourself or others may be limited to situations in which you have reasonable beliefs that: a. you might be in danger. b. your property is in danger. c. others might be in danger. d. it is necessary to protect yourself or others from immediate harm that might cause serious bodily injury or death. 35. Which of the following is a person who has no legal or implied right to be on the property of another person? a. trespasser b. fleeing felon c. accomplice d. principal Fill-in-the-Blank Questions 1. ____________________ Opinion evidence given at a trial by a person who possesses technical knowledge or skill that is both relevant to the case and not possessed by the average person. 2. ___________________ A person trying to avoid arrest after committing a felony. 3. ___________________ Force that is likely to cause serious bodily injury or death. 4. ___________________ A legal response by the defendant. It may consist only of a denial of the factual allegations of the prosecution. 5. ____________________ Judicial comments that are not part of a court’s ruling; such comments may even go beyond the facts presented in the case. 6. ___________________ Also known as the right-versus-wrong test of insanity, this rule states that an accused cannot be considered guilty of a criminal act if, as a result of a defect of reason caused by a disease of the mind, the accused did not know the nature and quality of the act or did not know that the act was wrong. 7. ____________________ A test of insanity (also known as the product rule) that states that “an accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect.” 8. ____________________ The introduction by the defense attorney of new factual allegations that, if true, constitute a complete or partial defense to the crime charged. 9. ____________________ A defense for a defendant who has proof that he or she was unconscious or semiconscious when the crime was committed. Epilepsy, a concussion, or emotional trauma are examples of conditions that may be used for this defense. 10. ___________________ The defense that a defendant was induced by a government agent to commit a crime that the defendant would not have been inclined to commit without such inducement. 11. ___________________ An alternative to the insanity defense; permits finding that defendants were mentally ill but not insane at the time they committed the crimes charged. They are guilty, and they may be punished, but generally the jurisdictions that have this concept require that these defendants must receive psychiatric treatment while they are confined. 12. ___________________ A state of mind that negates a defendant’s responsibility for his or her actions. 13. ___________________ Provides that persons cannot be held accountable for a criminal act if they have a mental disease or defect that results in their inability either to appreciate the fact that the act is wrong or to conform their conduct to the law. 14. ___________________ One who commits a trespass. 15. ___________________ A defense stating that a defendant would not have committed a criminal act if he or she had possessed accurate knowledge of the law or the facts. 16. ___________________ In criminal law, a condition in which an individual is coerced or induced by the wrongful act of another to commit a criminal act; may be used as a defense. 17. ___________________ Condition in which an act, though criminal in other circumstances, may not be considered criminal because of the compelling force of the circumstances. 18. ___________________ Evidence that, on the whole, supports the fact in question. This burden of proof in a civil case is less than the criminal standard of beyond a reasonable doubt. 19. ___________________ An assumption of a fact based on other facts. 20. ___________________ A presumption that may be refuted by evidence. 21. ___________________ A test for insanity stating that an accused cannot be found guilty for a criminal act if he or she was unable to control the actions leading to a crime even though the accused may have known the act was wrong. 22. ___________________ A required element of murder, providing that the killing be predetermined and intentional and without legal justification or excuse. 23. ___________________ The physiological changes that occur in a woman before menstruation. Symptoms include depression, irritability, and temporary psychosis. 24. ___________________ Stress that occurs after forced sex; now considered a posttraumatic stress disorder. Evidence of the syndrome is permitted in an increasing number of courts. 25. __________________ A term applied to people who kill someone else, often at that person’s request, because of a terminal illness, considerable pain, or a debilitating handicap. 26. ___________________ The condition that exists when a person consumes alcohol or other drugs to the extent that his or her mental or physical abilities are significantly affected. 27. ___________________ Intoxication without choice or will, for example, when someone slips drugs into the food or drink of an unsuspecting person. 28. ___________________ A disorder that some women experience after giving birth. 29. ___________________ Mercy, kindness, leniency; a term used to describe actions of a governor or president when he or she commutes a sentence (for example, from death to life) or grants a pardon. 30. ___________________ A syndrome arising from a cycle of abuse by a special person (often a parent or a spouse) that leads the battered person to perceive that violence against the offender is the only way to end the abuse. In some cases the battered person murders the batterer, and in some jurisdictions evidence of the battered person syndrome constitutes a defense to that murder. 31. ___________________ The forgiving of a criminal act by a victim. Usually this is not a defense, but in some cases a victim of a nonserious crime may negotiate a settlement with the defendant, after which the court may drop the criminal charge. 32. ___________________ A disorder in which stress is experienced by people who have suffered severe trauma such as war trauma, rape, or abuse. Symptoms include nightmares, feelings of guilt, disorientation, and reliving the traumatic event(s). It is argued that victims of this disorder should not be held accountable for their criminal acts because they cannot control their behavior. 33. __________________ Intoxication brought on by the free will of the individual. Essay Questions When the law states that sex with an underage person is a crime even if that person appears to be of legal age and is the aggressor, what should be the result in a court of law? Under the common law, children under a certain age were not held to be criminally liable. Explain why, and discuss the ability of courts to try juveniles as adults. Discuss the difference between elements of a crime and elements of a defense of a crime. How does the standard of proof differ between the defense and the prosecution? What is the distinction between the case of Mullaney v. Wilbur and the case of Patterson v. New York? Is it a significant difference, or is it a legal fiction? Why? Discuss the constitutional significance of the burden of persuasion in the use of an affirmative defense, and explain why it is constitutional to place it on the defense. When, if ever, would a reasonable mistake as to age be a defense in a statutory rape case? How and why should we address the age of a perpetrator in assessing liability? Which of the insanity defenses do you prefer? Explain why. Does the outrageous conduct defense add anything to the entrapment defense? How does guilty but mentally insane differ from not guilty by reason of insanity? Explain what a defense is, and describe the types of defenses (e.g., partial and complete). How can a presumption and the burden of proof be confusing to a jury? Why are mandatory presumptions a problem in criminal cases? In Sandstrom v. Montana, the Supreme Court interpreted the jury instruction that “the law presumes that a person intends the ordinary consequences of his voluntary acts.” Explain the Court’s analysis. How would you explain not including a certain type of defense as a defense? For instance, why would you not call an “alibi” a defense? What is the significance of reasonableness in the assertion of the duress defense? Discuss how that applies in a murder case. Discuss the differences between the defense of duress and necessity, and explain when it could be used in a serious crime, such as murder. Discuss the abolition of the insanity defense in some jurisdictions, and explain their reasons. What is the effect of unconsciousness by voluntary intoxication on the defense of automatism, and why? What is the significance of the reasonableness requirement in the defense of self-defense? Under what circumstances is lethal force allowed in self-defense? Different jurisdictions address the issue of intoxication as a defense differently. Discuss the different positions taken with regard to this defense, and explain your personal preference. What does the scientific literature reveal regarding alcoholism as it relates to whether it is a moral issue or a medical issue? How should this information affect the law? In what situations should consent be considered a valid defense in a criminal offense, and why? Discuss the meaning of battered child syndrome and when it should constitute a valid defense. If the law chose to extend the battered person syndrome to psychological battering, how would one prove it? When should extreme emotional disorder be a defense in a criminal case, and what manner of proof would it require? What is PTSD, and should it be a defense to a domestic murder? Explain the relationship between intoxication and the irresistible impulse test. Discuss how voluntary intoxication may be a defense, and explain how that differs from one jurisdiction to another. How does battered person syndrome differ from battered child syndrome with reference to the type of evidence required to be produced by the defendant? ANSWER KEY Multiple Choice Questions 1. b 2. c 3. a 4. a 5. a 6. d 7. a 8. b 9. d 10. c 11. a 12. c 13. b 14. d 15. a 16. a 17. c 18. c 19. d 20. c 21. a 22. c 23. a 24. d 25. a 26. b 27. c 28. a 29. d 30. b 31. c 32. b 33. d 34. d 35. a Fill-in-the-Blank Questions 1. expert testimony 2. fleeing felon 3. deadly force 4. defense 5. obiter dicta 6. M’Naghten rule 7. Durham rule 8. affirmative defense 9. automatism 10. entrapment 11. guilty but mentally ill 12. insanity 13. substantial capacity test 14. trespasser 15. mistake 16. duress 17. necessity 18. preponderance of the evidence 19. presumption 20. rebuttable presumption 21. irresistible impulse test 22. malice aforethought 23. premenstrual syndrome 24. rape trauma syndrome 25. euthanasia 26. intoxication 27. involuntary intoxication 28. postpartum depression 29. clemency 30. battered person syndrome 31. condonation 32. posttraumatic stress syndrome 33. voluntary intoxication